identity theft philippines republic act

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3(i) hereof;cralaw, "(7) to implement such measures as may be necessary and justified under this Act to counteract money laundering;cralaw, "(8) to receive and take action in respect of, any request from foreign states for assistance in their own anti-money laundering operations provided in this Act;cralaw, "(9) to develop educational programs on the pernicious effects of money laundering, the methods and techniques used in the money laundering, the viable means of preventing money laundering and the effective ways of prosecuting and punishing offenders;cralaw, "(10) to enlist the assistance of any branch, department, bureau, office, agency, or instrumentality of the government, including government-owned and -controlled corporations, in undertaking any and all anti-money laundering operations, which may include the use of its personnel, facilities and resources for the more resolute prevention, detection, and investigation of money laundering offenses and prosecution of offenders; and, "(11) to impose administrative sanctions for the violation of laws, rules, regulations, and orders and resolutions issued pursuant thereto."chanroblesvirtuallawlibrary. (b) Encourage the public, NGOs and POs to safeguard and protect these government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof, within their areas of jurisdiction. Sec. 10 of the same Act is hereby amended to read as follows: "Sec 10. 2419 was finally passed by the House of Representatives and the Senate on March 5, 2003. ROBERTO P. NAZARENOSecretary GeneralHouse of Represenatives, GLORIA MACAPAGAL-ARROYOPresident of the Philippines, Copyright � 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;cralaw, "(4) Plunder under Republic Act No. Republic Act: RA. Section 2. While hailed … — Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. Section 8 of 2018 Philippine Identification System Act specifies that the PhilSys record personal information about each resident in two categories: demographic data (the person) and biometric data (how to authenticate the person). REPUBLIC ACT NO. "Should a transaction be determined to be both a covered transaction and a suspicious transaction, the covered institution shall be required to report the same as a suspicious transaction. Effectivity. 3 paragraphs B, C, E, G, H and I of republic Act No. 11055 On August 6, 2018, President Rodrigo Duterte signed into law the "Philippine Identification System Act" (R.A. 11055). Sec. (Sgd.) accessories and other vital facility items, or parts thereof; (c) The penalty of imprisonment of not less than six (6) years but not more than eight (8) years or a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person who attempts to commit any of the prohibited acts provided in Section 4 of this Act; and. 7832 December 8, 1994. MANILA— A woman whose photos were featured on a “sugar daddy” dating site has come forward to report that her images were used without her consent, and that she was never a member of the platform that has seen a rise in sign-ups in the Philippines. Sec. 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF 2001” Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: SECTION 1. Theft is likewise committed by: 1. – Any government officer or employee who shall assist in the commission of any of the prohibited acts enumerated in Section 4 of this Act shall suffer the same penalty imposed upon the person who committed the prohibited act. 9160, OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING ACT OF 2001". The dissemination of information and continuing education on the provisions of this Act shall commence within sixty (60) days from the approval of its implementing rules and regulations. Such information dissemination and continuing education shall: (a) Aim to develop public awareness of: (1) the ill effects of unlawful taking or stealing, tampering and buying and selling of stolen government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof; and (2) the community-based solutions to prevent the occurrence of such offense; and. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I PRELIMINARY PROVISIONS. Republic 1946–72, 1987–present Presidential Decree: PD. 6. The law prohibits recording videos or taking photos of a sexual act, the male or female genitalia, and of the female breast, among others, without consent of the persons featured in the material. The penalty for qualified theft is two degrees higher than that specified for simple theft, and this remains unchanged despite the passage of R.A. 10951. – The government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof shall, at all times, be protected and it shall be unlawful for any person to commit any of the following acts: (a) Steal, or take, or possess any of the equipment, or any part thereof; (b) Sell or buy stolen equipment or any part thereof; (c) Tamper, dismantle, or disassemble equipment or any part thereof; (d) Attempt to commit any of the abovementioned prohibited acts; and. Sec. Effectivity. List of Government Risk Reduction and Preparedness Equipment and Other Vital Facility Items. "Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to testify shall suffer the same penalties prescribed herein. (e) Benefit from the proceeds or fruits of any of the abovementioned prohibited acts knowing that the proceeds or fruits are derived from the commission of said prohibited acts. MARILYN B. BARUA-YAPSecretary GeneralHouse of Representatives, (Sgd.) (c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so." Sec. If the offender is a juridical person, the court may suspend or revoke its license. The State shall continue the policy to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other. 1405, as amended, Republic Act No. JOSE DE VENECIA JR.Speaker of the House of Representatives. 23. 3019, as amended, otherwise known as the "Anti-Graft and Corrupt Practices Act"; Republic Act No. Republic Act No. – If any part or provision of this Act shall be declared invalid or unconstitutional, the remaining provisions or parts not affected shall remain in full force and effect. The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. "(3) to institute civil forfeiture proceedings and all other remedial proceedings through the Office of th Solicitor General;cralaw, "(4) to cause the filing of complaints with the Department of Justice or the Ombudsman for the prosecution of money laundering offenses;cralaw, "(5) to investigate suspicious transactions and covered transactions deemed suspicious after an investigation by AMLC, money laundering activities and other violations of this Act;cralaw, "(6) to apply before the Court of Appeals, ex parte, for the freezing of any monetary instrument or property alleged to be the proceeds of any unlawful activity as defined in Sec. 5. AN ACT AMENDING REPUBLIC ACT NO. 10175 or Cybercrime Prevention Act that criminalizes online libel. For purposes of this Act, "government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof refer to pieces of equipment or devices, or parts thereof that gather, store, archive or monitor meteorological and seismological data and information which are analyzed and used to warn the public about weather conditions, earthquake, volcanic or tsunami activities and similar natural calamities. -- Notwithstanding the provisions of Republic Act No. — This Act shall be known as “The Magna Carta of Women”. Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: Section 1. The Philippines which is the sixth largest social network media user in the world such as Facebook, is also one of the many countries without a law to protect its social network users from online identity theft. 3 of the same Act is further amended by inserting between paragraphs (b) and (c) a new paragraph designated as (b-1) to read as follows: "(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist: 1. there is no underlying legal or trade obligation, purpose or economic justification;cralaw, 2. the client is not properly identified;cralaw, 3. the amount involved is not commensurate with the business or financial capacity of the client;cralaw, 4. taking into account all known circumstances, it may be perceived that the client's transaction is structured in order to avoid being the subject of reporting requirements under the Act;cralaw, 5. any circumstances relating to the transaction which is observed to deviate from the profile of the client and/or the client's past transactions with the covered institution;cralaw, 6. the transactions is in a way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or, 7. any transactions that is similar or analogous to any of the foregoing."chanroblesvirtuallawlibrary. Prohibited Acts. Title. Computer-related Identity Theft – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. On October 3rd, the Philippines Cybercrime Prevention Act (RA 10175) took effect and, with it, the country instituted criminal penalties for a variety of online acts, including spamming, identity theft and, most controversially, libel.. 3815, otherwise known as the Revised Penal Code, as amended;cralaw, "(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. Sec. C. Content-related Offenses: 1. var d=new Date(); Section 5. Sec. Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. SECTION 2. -- Covered institutions shall report to the AMLC all covered transactions and suspicious transactions within five(5) working days from occurrences thereof, unless the Supervising Authority prescribes a longer period not exceeding ten (10) working days. 8792, otherwise known as the Electrinic Commerce Act of 2000;cralaw, "(12) Hijacking and other violations under Republic Act No. Transitory Provision. 7 of the same Act is hereby amended as follows: "SEC.7. 2. "When reporting covered or suspicious transactions to the AMLC, covered instituting and their officers and employees are prohibited from communicating directly or indirectly, in any manner or by any means, to any person or entity, the media, the fact that a covered or suspicious transaction report was made, the contents thereof, or any other information in relation thereto. -- Existing freeze orders issued by the AMLC shall remain in force for a period of thirty (30) days after the effectivity of this Act, unless extended by the Court of Appeals. However, the law may have had a somewhat unintended side effect - criminalizing some forms of plagiarism. ‘Identity theft’: Young woman’s photos stolen, used on dating app. 8. 9194. Section 9. AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN. -- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation.chanroblesvirtuallawlibrary. [14] Section 9 of the Act requires every Philippine citizen and resident alien to personally register with the Philippine ID system. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel. SECTION 10. 9710. The prosecution or conviction under this Act shall not bar the filing of any case for the violation of Republic Act No. "To ensure compliance with this Act, the Bangko Sentral ng Pilipinas (BSP) may inquire into or examine any deposit of investment with any banking institution or non-bank financial institution when the examination is made in the course of a periodic or special examination, in accordance with the rules of examination of the BSP.chanroblesvirtuallawlibrary. if (yr!=1998) According to Republic Act 11055, the system aims to "eliminate the need to present other forms of identification when transacting with the government and private sector." 8791 and other similar laws, but are prohibited from communicating, directly or indirectly, in any manner or by an means, to any person, the fact that a covered or suspicious transaction report was made, the contents thereof, or any other information in relation thereto. 7. In the case of a breach of confidentiality that is published or reported by media, the responsible reporter, writer, president, publisher, manager and editor-in-chief shall be liable under this Act.chanroblesvirtuallawlibrary. -- The Court of Appeals, upon application ex parte by the AMLC and after determination that probable cause exists that any monetary instrument or property is in any way related to an unlawful activity as defined in Sec. In a nutshell, stolen identities pertains to the intentional use of one’s personal details, usually for monetary gain or criminal activities at the expense of the victim. Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. chanroblesvirtuallawlibrary. It can only be repealed by a similar act of Congress. Sec. 4. -- The Anti-Money Laundering Council is hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as member. 308. Who are liable for theft. In February last year, a public-school teacher, ... Garchitorena heads CIC, a government-owned and-controlled corporation that was set up following the creation of Republic Act No. Although some provisions were deemed as unconstitutional (struck down) particularly Sections 4 (c) (3), 7, 12, and 19. AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES. Identity theft is not uncommon in the Philippines. Section 1. The IRS needs this form to begin resolving your identity theft case. Identity theft is defined when someone uses your personal information without your permission, to commit fraud or other… Any person who, with malice, or in bad faith, reports or files a completely unwarranted or false information relative to money laundering transaction against any person shall be subject to a penalty to six (6) months to four (4) years imprisonment and a fine of not less than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos (Php500,000.00), at the discretion of the court: Provided, That the offender is not entitled to avail the benefits of the Probation Law. If they need more information, they might call you. Section 3. Joseph Nicol Tan Ong showed fake identification cards to claim the credit card during a sting in Greenheights Subdivision, said Senior Superintendent Guillermo Eleazar, Anti … Creation of Anti-Money Laundering Council (AMLC). Neither may such reporting be published or aired in any manner or form by the mass media, electronic mail, or other similar devices. This new law defined and punished offenses, which may be grouped as follows: offenses against the confidentiality, integrity and availability of computer data systems; computer-related offenses, such as computer forgery, fraud and identity theft, and content-related offenses, such as cybersex, child pornography and, most significantly, cyber libel. 9165, otherwise known as the Comprehensive Dangerous Act of 2002;cralaw, "(3) Sec. Sec. 6713. otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees"; Republic Act No. 11 of the same Act is hereby amended to read as follows: "Sec. – The following penalties are hereby imposed: (a) The penalty of imprisonment of not less than twelve (12) years but not more than fifteen (15) years or a fine of not less than One million pesos (P1,000,000.00) but not more than Three million pesos (P3,000,000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of stealing or unauthorized taking or possession without authority or selling or buying with intent to gain of any stolen government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof; (b) The penalty of imprisonment of not less than six (6) years but not more than ten (10) years or a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000.000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of unauthorized tampering, dismantling or disassembling of government risk reduction and preparedness equipment. Section 4. – The Department of Science and Technology (DOST) shall, in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA), the Philippine Institute of Volcanology and Seismology (PHIVOLCS) and the National Disaster Risk Reduction and Management Council (NDRRMC), provide a list of all government risk reduction and preparedness equipment, accessories and other vital facility items such as, but not limited to, radars, weather forecasting equipment, flood monitoring instruments, seismographs, tsunami warning systems and automated weather systems. 3(i) of the same Act is further amended to read as follows: "(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or having direct relation to following: "(1) Kidnapping for ransom under Article 267 of Act No. Sec. 3(I) hereof or a money laundering offense under Sec. In case of violation thereof, the concerned officer and employee of the covered institution shall be criminally liable. Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Second Regular Session ____ Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. Section 7. 9160 is hereby deleted. REPUBLIC ACT NO. CHAPTER I. CLICK HERE FOR THE LATEST PHILIPPINE LAWS, STATUTES & CODES, Republic of the Philippines – The prosecution under this Act shall bar any prosecution arising from the same Act under Articles 308, 309, 310 and 311 of the Revised Penal Code. 9194 ] AN ACT AMENDING REPUBLIC ACT NO. – This Act shall be known as the "Risk Reduction and Preparedness Equipment Protection Act". [ REPUBLIC ACT NO. : All Rights Reserved ReDiaz www.chanrobles.com. 1405, as amended, Republic Act No. Freezing of Monetary Instrument or Property. Separability Clause. 10175. This law is already in effect as the Supreme Court uphold its constitutionality (February 18, 2014). Effectivity. 6426, as amended, Republic Act No. Repealing Clause. 9. Short Title. "(d) Breach of Confidentiality. No crime without law. The punishment of imprisonment ranging from three (3) to eight (8) years and a fine of not less than Five hundred thousand Philippine pesos (Php500,000.00) but not more than One million Philippine pesos (Php1,000,000.00) shall be imposed on a person convicted for a violation under Sec. REPUBLIC ACT NO. 9160 is hereby amended as follows: "(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos (PhP 500,000.00) within one (1) banking day.chanroblesvirtuallawlibrary. ICLG - Cybersecurity Laws and Regulations - covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers – in 26 jurisdictions. The top five complaints received were online scams (366), online libel (240), online threats (129), identity theft (127), and photo and video voyeurism (89). Prima Facie Evidence. Declaration of Policy. Section 12. Short Title. BENIGNO S. AQUINO IIIPresident of the Philippines, The Lawphil Project - Arellano Law Foundation. Sec. There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. 4. (b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he falicitates the offense of money laundering referred to in paragraph (a) above. SECTION 11. 3, paragraph (b) of Republic Act No. They shall likewise be perpetually disqualified from holding any public office. According to a press release from the Philippine National Police Anti-Cybercrime Group (PNP ACG), a total of 1,211 cybercrime complaints were filed with them from 2013-2015. Payment of the full cost of repair or replacement of the government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof, which is the object of the crime shall likewise be imposed upon any person who shall commit any of the prohibited acts described in Section 4 of this Act. It is crafted and passed by the Congress of the Philippines and approved by the President of Philippines. It aims to address legal issues concerning online interactions and the Internet in the Philippines. 15 of Republic Act No. – The possession or custody of any government risk reduction and preparedness equipment, accessories and other vital facility items, or any part thereof, as defined in Section 3 hereof, by any person, natural or juridical, without proper authority shall be prima facie evidence that such instrument, part or accessory, is the fruit of the offense defined in Section 4 hereof and therefore such equipment, instrument, accessory, or other vital facility items, or parts thereof may be immediately confiscated from the person in possession, control or custody thereof. The act of your former housemate in taking your cellphone constitutes theft which is defined under Article 308 of the Revised Penal Code, to wit: “Article 308. Who are liable for theft: Theft is committed by any person who, with intent to gain but without violence against, or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.” SECTION 13. General Provisions. Sec. 1602;cralaw, "(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential under the Revised Penal Code, as amended and Presidential Decree No. Sec. 9160 is hereby amended as follows: – All other laws, presidential decrees, executive orders, rules and regulations or parts thereof which are inconsistent with any provision of this Act are hereby repealed, amended or modified accordingly. [ Republic Act No. In addition, after due notice and hearing, they shall be administratively dismissed from the service and all their benefits from the government, shall be forfeited. REPUBLIC ACT NO. Identity Theft in the Philippines. Section 3, paragraph (b), of Republic Act No. SECTION 1. 7080, entitled "An Act Denning and Penalizing the Crime of Plunder"; and other laws. – Within ninety (90) days from the effectivity of this Act, the Secretary of Science and Technology shall in coordination with the NDRRMC, issue the implementing rules and regulations for the effective implementation of this Act. yr=d.getFullYear(); The Supreme Court (SC) yesterday upheld the constitutionality of a key provision in the controversial Republic Act No. 6426, as amended, Republic Act No. Money Laundering Offense. Metro Manila. Section 13. Declaration of Policy. 9194 March 7, 2003. It is committed by the following: (a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transacts said monetary instrument or property. 4 of the same Act is hereby amended to read as follows: "Sec. 4 hereof, except that no court order shall be required in cases involving unlawful activities defined in Sections 3(I)1, (2) and (12). 10175 ] AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled: 9160, OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING ACT OF 2001" Section 6. 11. SECTION 12. EMMA LIRIO-REYESSecretary of Senate, (Sgd.) The freeze order shall be for a period of twenty (20) days unless extended by the court.chanroblesvirtuallawlibrary. (d) The penalty of imprisonment of not less than two (2) years but not more than seven (7) years or a fine of not less than Two hundred thousand pesos (PP00,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of unlawfully benefiting from the proceeds or fruits of any of the prohibited acts enumerated in Section 4 of this Act knowing that such proceeds or fruits are derived from the commission of said prohibited acts. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Sec. Implementing Rules and Regulations. For a period of twenty ( 20 ) days unless extended by the President of.... Metro Manila ) Violations under Republic Act is hereby amended to read as follows ``! 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